Posted at 5:14 p.m. EDT Monday, June 26, 2000
Eli�n Gonz�lez case reaches Supreme Court
WASHINGTON -- (AP) -- Eli�n Gonz�lez's Miami relatives asked the
Supreme Court on Monday to block the little boy's return to Cuba.
Unless the nation's highest court says otherwise, Eli�n and his
father may leave the United States as early as Wednesday.
A federal appeals court unanimously rejected the Miami relatives'
request for a rehearing Friday, and said emphatically it would
not take up the case again.
The appeals court said its earlier order requiring Eli�n's
father, Juan Miguel Gonz�lez, to keep the 6-year-old boy in this
country will dissolve at 4 p.m. Wednesday.
Lawyers for the Miami relatives filed a formal appeal with the
full Supreme Court, and asked Justice Anthony M. Kennedy to keep
Elian in the United States until that formal appeal is acted on.
Kennedy handles emergency matters from Florida for the high
court.
A few weeks delay in the long legal fight over the boy "is a
minimal cost in a case with stakes of such magnitude," Kennedy
was told.
Eli�n was rescued off the Florida coast on Thanksgiving Day.
His mother and 10 other people drowned after their boat sank en
route from communist Cuba to the United States.
The Immigration and Naturalization Service decided the boy should
be returned to his father, but the Miami relatives who cared for
Eli�n after his rescue refused to relinquish him. On April 22,
federal agents seized the boy and reunited him with his father in
the Washington area.
The formal appeal filed Monday said the case's legal issues "boil
down to a single straightforward question: Can the INS deprive an
alien child of his statutory and constitutional right to apply
for asylum without conducting any hearing of any kind -- or even
without interviewing the child himself?"
The appeal said the INS decision in Eli�n's case violated his
due-process rights.
Kennedy could act on the emergency request by himself but was
more likely to refer it to the full court.
The court was expected to take some action in the case by the
Wednesday deadline.
Lawyers for the Miami relatives suggested that the court require
the Clinton administration to file its response to the appeal by
July 5 -- a schedule that could yield a decision whether to grant
or deny the appeal "no later than the week of July 10."
A federal trial judge in the District of Columbia on Monday threw
out another lawsuit brought by L�zaro Gonz�lez. The case before
U.S. District Judge Henry Kennedy had sought to prevent Eli�n
from leaving the country unless U.S. officials could certify
that Cuba would not violate the boy's human rights.
The Supreme Court cases are Gonzalez vs. Reno, 99-2079 and
A-1076.
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Shalom, A Salaam Aleikum, and to all, A Good Day.
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